Consent to marriage of infants

(1) Subject to this section, consent to the marriage of an infant shall be obtained in accordance with the following (a) if both the infant’s parents are alive and living together, consent shall be obtained from both parents; (b) if the infant’s parents are living apart and the infant is living with one parent, consent shall be obtained from the parent with whom the infant is living; (c) if the parents are living apart and the infant is not living with either, consent shall be (i) from both parents in any case where they are, or have been married to each other, unless the consent of one parent is dispensed with by a magistrate; (ii) from the mother, in any case where the parents have never been married; (d) if one of the parents is dead and the parents had at any time been married to each other, 10 consent shall be obtained from the surviving parent or any other person who is the legal guardian of the infant; (e) if both parents are dead and they had at any time been married to each other, consent shall be obtained from any person who is the legal guardian of the infant; (f) if the infant’s parents had never been married to each other and one or both of them is dead, consent shall be obtained from the mother if she is alive or from any person who is the legal guardian of the infant if the mother of the infant is dead. (2) Where the marriage of an infant, not being a widower or widow, is intended to be solemnised after the publication of banns of matrimony, then, if any person whose consent to the marriage is required under this Act openly and publicly declares or causes to be declared, in the registered building in which the banns are published, at the time of the publication, his dissent from the intended marriage, the publication of banns shall be void. (3) Persons who may have attained the age of eighteen years and widowers and widows may marry without the consent of others.